The legal protection of databases from copyright to dataright.

PhDThe vast and sweeping developments, which have occurred recently in the fields of computers, telecommunications and information technologies have stimulated the formation of a new global market of electronic information services and products, in which databases are principal components. Within the context of Intellectual Property Law, these advances challenge the traditional legal rules, resulting in ongoing reforms for adapting the law of intellectual property to the novel environment. Initiatives discussed in this study for determining the appropriate international legal standards for the protection of databases are the Agreement on Trade Related Aspects of Intellectual Property (1994), the present discussions in the World Intellectual Property Organisation (WIPO), and the European Union's Directive on the Legal Protection of Databases (1996). The last initiative constitutes the most comprehensive attempt to resolve the issues involved in the protection of databases within the realm of intellectual property law. A particular reference is made to international copyright law and its adequacy to provide a suitable legal regime for the protection of databases. Furthermore, the rules of database copyright law, as applied in the United Kingdom and the United States, are examined and compared in the light of the anticipated reforms derived from the above-mentioned initiatives. From these explorations, the thesis concludes that copyright law has a limited application in the protection of databases. Moreover, the copyright regime as applied to databases can lead to under-protection of certain databases and over-protection of others. Therefore, a tailor-made intellectual property regime, termed in this study as dataright, must be developed as an adequate response. The dataright regime as introduced in the above European Union Database Directive is thoroughly examined and compared to proposals made by WIPO and by the United States Congress, as well as to alternative models of database protection. The quest for the adequate dataright system is considered as a balance of rights among database producers and users to the extent that incentives for database creation and dissemination are secured without excessive effects on access to information and free competition. The debate of how to achieve this balance has focused on whether the appropriate approach is to adopt unfair competition law, or to introduce a sui generis exclusive-right regime. The thesis demonstrates that whichever starting point is adopted, the results are substantially similar on fundamental points. The research concludes with detailed suggestions towards the adoption of a proposed Dataright Treaty, thus reconciling competing approaches and producing an international database protection system, which is a necessity for the functioning of the global information market

The role of intellectual property rights in information and communication technologies

The paper starts by recapitulating the basic arguments provided by economic theory to explain the existence of the patent system. The paper then concentrates on the three important ICT industries viz., telecommunication equipment, computer hardware and semiconductor industries. The issues covered in the discussion on these industries are the technological characteristics; market structure and technology transfer experiences of selected developing countries. Even though there are some differences in these industries, what come out clearly are some similarities. These similarities pertain to concentration by firm as well as country; rapid technological changes; existence of scale economies; rising minimum efficient levels of production; entry barriers to the industries both financial and technological etc. Bresnahan, Stern and Trajtenbert [1997] show that in the computer PC market brand name and being on technological frontier help the firm in appropriating inventions. Taylor and Silberston [1973] observe that in electronics while patents by themselves are not important method of appropriation, it encourages firms to accumulate patents so that they can have an advantage in cross-licensing agreements. This finding was reiterated by Hall and Ham [1999] for semiconductor industry. They name this phenomenon "patent portfolio race". The paper briefly touches upon the issues pertaining to Internet and the problems it raises for copyright; protection of computer software and the discussion on a sui generis protection for databases. The paper concludes that the role of IPRs in ICT seems to be marginal and as prices are falling it does not seem to be attracting negative attention.Intellectual property rights, patents, information and communication technologies

"The global telecommunications infrastructure: European Community (Union) telecommunications developments"

[From the Introduction]. Information, electronics, and telecommunication technologies promise to create communications networks of greatly expanded capacity capable of moving messages across interconnected wired and wireless systems almost anywhere in the world. Such global systems will profoundly affect the economic and social life of all countries. For those countries and economic sectors with a history of significant involvement in electronics, computers, multimedia, and telecommunications, early and timely deployment of state-of-the-art infrastructure may be a matter of prime importance. Many individual countries have made or are making changes intended to accelerate movement toward an information society, in large part because they recognize that a strategic competitive edge in the world economy will likely depend increasingly upon the availability, use, and exploitation of information. A major participant in the information race is the European Union (EU), formerly the European Community. The Commission of the European Union (Commission) has launched a strong push to adopt a common strategy for the creation of a European information society driven by a European information infrastructure. This strategy is aimed at bridging individual initiatives being pursued by EU Member States. [1. Member States now in the Union include the following: Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, and the United Kingdom, Austria, Finland and Sweden joined the Union on January 1, 1995.1

The Role of Intellectual Property Rights in Information and Communication Technologies

The paper starts by recapitulating the basic arguments provided by economic theory to explain the existence of the patent system. The paper then concentrates on the three important ICT industries viz., telecommunication equipment, computer hardware and semiconductor industries. The issues covered in the discussion on these industries are the technological characteristics; market structure and technology transfer experiences of selected developing countries. Even though there are some differences in these industries, what come out clearly are some similarities. These similarities pertain to concentration by firm as well as country; rapid technological changes; existence of scale economies; rising minimum efficient levels of production; entry barriers to the industries both financial and technological etc. Bresnahan, Stern and Trajtenbert [1997] show that in the computer PC market brand name and being on technological frontier help the firm in appropriating inventions. Taylor and Silberston [1973] observe that in electronics while patents by themselves are not important method of appropriation, it encourages firms to accumulate patents so that they can have an advantage in cross-licensing agreements. This finding was reiterated by Hall and Ham [1999] for semiconductor industry. They name this phenomenon patent portfolio race. The paper briefly touches upon the issues pertaining to Internet and the problems it raises for copyright; protection of computer software and the discussion on a sui generis protection for databases. The paper concludes that the role of IPRs in ICT seems to be marginal and as prices are falling it does not seem to be attracting negative attention.intellectual property rights, Patents, information and communication technologies.